| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 154 |
| Hearing date | 29 May 2015 |
| Determination date | 02 June 2015 |
| Member | V Campbell |
| Representation | J McBride ; M Quigg |
| Parties | Yamaha Motor New Zealand Ltd v Beechey |
| Summary | INJUNCTION – Applicant sought interim injunction requiring respondent to cease providing services to new employer until end of restraint of trade period – Dealer Support |
| Abstract | AUTHORITY FOUND –INJUNCTION: Parties gave conflicting evidence regarding applicant’s proprietary interest to be protected. No evidence of consideration given for restraint clause in EA or what discussions respondent had with applicant regarding need for restraint clause. Arguable case regarding proprietary interest of respondent, whether restraint reasonable and whether respondent’s role low-level. Balance of convenience favoured respondent as respondent better able to pay penalty if respondent remained in current employment and respondent sole provider for family. Overall justice required application be declined as respondent’s employment could have little impact on applicant’s business. Application for interim injunction dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Injunction |
| Cases Cited | American Cynamid Co Ltd v Ethicon Ltd [1975] AC 396;Fletcher Aluminium Ltd v O’Sullivan [2001] 2 NZLR 731 (CA);Fuel Espresso v Hsieh [2007] NZCA 58, [2007] 2 NZLR 651;Gallagher Group Ltd v Walley [1999] 1 ERNZ 490 (CA);Green v Transpacfic Industries Group (NZ) Ltd [2011] NZEmpC 6, (2011) 8 NZELR 238;Pottinger v Kelly Services (New Zealand) Ltd [2012] NZEmpC 101, [2012] ERNZ 411 |
| Number of Pages | 14 |
| PDF File Link: | 2015_NZERA_Auckland_154.pdf [pdf 243 KB] |